Creating Treaty-based local governance in New Zealand: Māori and Pākehā views

ABSTRACT

This article explores the need for Treaty-based local governance, raised to national prominence by the 2014 outrage against New Plymouth Mayor Andrew Judd, who advocated a Māori ward for 2016. The Treaty of Waitangi influenced the creation of Māori seats in Parliament in the nineteenth century, and a provision for Māori seats in local councils in 2001. There has been limited uptake of the latter and Māori remain significantly under-represented. Innovations in governing arrangements have allowed non-elected Māori to take up advisory roles and, in some cases, decision-making roles. We argue that these do not ensure fair and effective Māori representation. Ad hoc and unpredictable structures have failed to deliver fair and effective representation to all New Zealanders. There is a pressing need for a New Zealand constitutional debate – a conversation among Māori and non-Māori – to devise a governance model that addresses the Treaty of Waitangi as New Zealand’s founding document.

KEYWORDS:

• Governance
• Kaupapa Māori
• local government
• New Zealand
• Treaty-based

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1 Bay of Plenty Regional Council (Māori Constituency Empowering) Act 2001.

2 The 2012 amendments changed the purpose of the LGA to refocus local authorities’ efforts on provision of ‘good-quality local infrastructure, local public services, and performance of regulatory functions’.

3 Since this time, progress has been made in some rohe, with new forms of shared governance ushered in by Treaty settlements. As evidenced by Local Government New Zealand surveys and stocktakes – see discussion in earlier section entitled ‘Māori Involvement in Governance at the Local Level – legislative Provisions’ – there are still shortcomings in Māori participation in other rohe. The findings of the 2008–2009 research provide a rich context to the ongoing challenges experienced by Māori.

4 Now part of the Auckland Council unitary authority formed in 2010.

5 AUTEC Ethics Application 06/192, 4 December 2006. For further details of the methodology, see p. 15–48 of Webster 2009. http://aut.researchgateway.ac.nz/handle/10292/854

6 The New Zealand Māori Council had been a significant political voice for Māori and had successfully led legal challenges against the Crown over issues such as the sale of Māori land under the State-Owned Enterprises Act 1986, and the ownership of forests, fisheries and the broadcasting spectrum.

7 The following roles were described: Representing community – a link between electors and local government; policy development – identifying communities’ needs, selecting objectives; governance – prioritisation and political decision-making; providing leadership – advocating for the city or district; political dimensions – political lobbying and influence; reviewing performance – monitoring performance of council on political and legislative commitments; maintaining cohesiveness – this recognises the importance of the relationship between elected members, and elected members and officers; enhancing external relationships – this highlights the importance of partnerships and collaboration; and task accomplishment – getting involved and taking action to ensure strategy is progressed.

8 The long-term planning tasks presented for elected members consideration included: Engaging the general public; communicating urban sustainability; providing opportunities for Māori to contribute; involving diverse groups; developing a vision for the future; collaborating with other councils; collaborating with key stakeholders; including public feedback in decision-making; responding to feedback; supporting environmental management; and promoting efficient and effective use of resources. Participants were given the opportunity to describe other tasks not listed.

9 The tasks included: Developing a vision for the future, promoting efficient and effective use of resources, engaging the general public, responding to feedback, including public feedback in decision-making, supporting environmental management, collaborating with key stakeholders, communicating urban sustainability, providing opportunities for Māori to contribute, and involving diverse groups (Webster 2008, p. 180–184).